Rancho Santa Fe Domestic Violence Defense Attorneys
Domestic violence crime rates are high in California. As of December 31, 2019, the state had submitted 12,484 domestic violence misdemeanor convictions to the NICS index – the FBI database on persons prohibited from receiving firearms under federal or state law – as reported by the National Coalition Against Domestic Violence (NCADV). If you have been accused of a domestic violence offense, do not waste any time in contacting an experienced Rancho Santa Fe domestic violence defense attorney. A conviction could have serious consequences for your future.
Domestic violence is abuse committed against an “intimate partner.” In this context, abuse is the intentional or reckless use of, or the threat of use of physical force against an intimate partner. Under California law, an intimate partner may include any of the following:
- Spouse or former spouse
- Present or former fiancé or fiancée
- Current or former domestic partner
- Cohabitant or former cohabitant
- Other parent of a child of the accused
- Person with whom the accused has or has had a dating relationship
Some crimes in California are specifically domestic violence offenses. Others are considered domestic violence when committed against an intimate partner. Common domestic violence crimes in Rancho Santa Fe include:
- Stalking: This crime is a wobbler, meaning it can be charged as either a misdemeanor or a felony. It involves following, harassing, and threatening an intimate partner to the extent that the victim fears for his or her own safety or the safety of family members. Misdemeanor stalking is punishable by up to one year in jail. Felony stalking carries penalties that may include up to three years in prison.
- Revenge porn: This misdemeanor offense is a form of cyber harassment. It involves intentionally distributing a sexual image of an intimate partner with the intent of causing that person emotional distress. Revenge porn is punishable by a jail sentence of up to one year and/or a fine of up to $1,000.
- Domestic battery: Willful and unlawful use of force or violence against an intimate partner is domestic battery. The victim does not have to have visible injuries for this crime to occur. Domestic battery is a misdemeanor with penalties that may include up to one year in county jail and/or a fine of up to $2,000.
- Corporal injury upon a spouse or cohabitant: When force or violence used against an intimate partner results in corporal injury leading to a traumatic condition, it is a felony offense, even if the intimate partner’s injuries are slight. First offense corporal injury upon a spouse or cohabitant is punishable by imprisonment ranging from one year in county jail to four years in state prison.
- Aggravated trespass: Making an illegal threat and, within 30 days, entering a home or workplace to carry out the threat is aggravated trespass. This crime is a wobbler. When it is charged as a felony, penalties may include up to three years in jail and/or a fine of up to $2,000.
In addition to criminal penalties, a domestic violence conviction can have other serious consequences. You could lose custody of a child along with your California gun rights, and have a restraining order issued against you by the court. A conviction would give you a permanent criminal record, which can significantly impact your future prospects for education, employment, housing, and professional licensing.
Our seasoned Rancho Santa Fe defense lawyers have decades of experience providing skilled legal guidance in criminal cases. Contact jD Law Criminal Defense Attorneys at (760) 630-2000 without delay if you have been accused of domestic violence in Rancho Santa Fe.
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